Булінг і мобінг (цькування) як різновиди насильницьких посягань на фізичну особу

Abstract

The article analyzes theoretical provisions, existing legal acts that regulate relations related to the application of administrative responsibility for committing bullying or mobbing (harassment). In particular, it was found out that a broad list of violent acts, which manifest themselves in the form of bullying and mobbing (harassment), is enshrined in Articles 173-4, 173-5 of the Code of Ukraine on Administrative Offenses. Among various manifestations of violence, the aggressive behavior of a person who commits violent acts against another person is noted. Taking into account the relevance of the protection of administrative and legal relations, which are violated in the form of bullying or mobbing, the characteristics of these terms are considered and their types are distinguished. In addition, the signs that characterize administrative responsibility for committing harassment have been determined. It is noted that police officers have the authority to draw up a report on bullying (Art. 255 of the Code of Ukraine on Administrative Offenses), the case is reviewed and a decision is made by the court (Art. 221 of the Code of Ukraine on Administrative Offenses). Protocols about the fact of committing mobbing according to Art. 230-1 of the Code of Ukraine on Administrative Offenses, officials authorized by the head of the central executive authority, which implements state policy on the supervision and control of compliance with labor legislation, as well as sub-departmental review of mobbing cases, have the right to make and make decisions on them court (Art. 221 of the Code of Ukraine on Administrative Offenses). It is emphasized that subjects who commit violent acts or inaction in the form of bullying or mobbing can be conditionally systematized into certain groups. It is noted that distinguishing between violent and non-violent actions, which are carried out in the form of harassment during their legal qualification, is a rather difficult task. Harmful consequences must occur in order to qualify as illegal acts that are committed through harassment. Designation of non-violent actions should indicate not only the existence of relevant actions, but also the subjective attitude of the person who commits them to such actions. The relationship between types of administrative fines and sanctions for committing bullying/mobbing was analyzed.